Daf Yomi - Yevamos 61 - Highlights

Rabbi Shimon ben Yochai said: The graves of idolaters do not transmit tumah through the roof (if the tumah source and a person or object is under the same roof). He cites a Scriptural source to prove this point. It is written [Yechezkel 34:31]: Now you my sheep, the sheep of my pasture; you are adam. You, Israel, are referred to as “Adam,” man, but an idolater is not regarded as “Adam.” (The word “Adam” is the term used in the Torah regarding the laws of tumah by way of a roof; thus we see that the grave of an idolater does not transmit this tumah.)

The Gemora asks: It is written [Bamidbar 31:19]: Whoever killed a person or touched a corpse, purify yourselves. Moshe instructed the soldiers returning from battle with the Midianites to purify themselves; it is evident that an idolater can transmit tumah?

The Gemora answers: Perhaps one of the Jews was killed in battle, and it was due to his corpse that they were required to purify themselves.

The Gemora asks: Why did the Rabbis assume that the only source of tumah was from the idolaters?

The Gemora answers: It is written [ibid :49]: Not a man of us is missing. This would indicate that there were no Jewish casualties.

The Gemora asks: How does Rabbi Shimon ben Yochai interpret this verse?

The Gemora answered: The verse is stating that no Jew died because of sin (they did not succumb to the temptation of the Midianite women), but they could have died as a casualty of war.

Ravina offers an alternative answer to the original question: Rabbi Shimon ben Yochai ruled that the grave of an idolater cannot transmit tumah by way of a roof, but they can transmit tumah through touching or carrying. (60b – 61a)

The Mishna states: If a Kohen performed erusin with a widow and then he was appointed the Kohen Gadol, he is permitted to marry her. There was an incident with Yehoshua ben Gamla who betrothed Marta bas Baitos, who was a widow. The king then appointed him the Kohen Gadol, and then he married her.

If a woman awaiting yibum fell for yibum to an ordinary Kohen, and then he was appointed the Kohen Gadol, even if he performed ma’amar, he should not marry her. (61a)

The Gemora cites the Scriptural sources for the Mishna’s halachos. (61a)

The Mishna had recorded an incident with Yehoshua ben Gamla. The Gemora infers that the king appointed him the Kohen Gadol, but his brothers, the Kohanim, and the Sanhedrin did not appoint him.

Rav Yosef said: I recognize a conspiracy here, for Rav Assi said: Marta the daughter of Baitos gave golden dinarim to King Yannai in order that Yehoshua ben Gamla should be appointed the Kohen Gadol (although he wasn’t the most deserving from all the Kohanim). (61a)

The Mishna states: A Kohen Gadol whose brother died, the Kohen Gadol should perform chalitzah, but not yibum. (61a)

The Gemora infers that this halacha is applicable whether she falls for yibum from a state of erusin or nisuin. The Gemora asks: It is understandable why he can’t perform a yibum if she falls for yibum from a state of nisuin; there is a positive commandment to marry a virgin besides for the negative prohibition against marrying a widow. The positive commandment of yibum cannot override both commandments. However, if she falls for yibum from a state of erusin, there is merely a negative prohibition against marrying a widow; why don’t we say that the positive commandment of yibum should override this prohibition and we should permit the Kohen Gadol to perform a yibum?

The Gemora answers that there is a Rabbinical decree prohibiting this. They decreed that he should not perform the first act of cohabitation (where he would be fulfilling the mitzvah) because we are concerned that he might perform a second act (where he would not be fulfilling the mitzvah, and therefore it would be forbidden). (61a)

The Mishna states: A Kohen should not marry an aylonis (an adult woman who did not develop any signs of female puberty and is incapable of bearing children) unless he has another wife or he already has children. Rabbi Yehudah maintains that he is prohibited from marrying an aylonis even if he has another wife or children because she is the zonah that the Torah refers to. The Chachamim say: A zonah is a female convert, a freed slavewoman, or one who engaged in an illicit act of cohabitation. (61a)

The Reish Gilusa asked Rav Huna: What is the reason that a kohen should not marry an aylonis? It is probably because there is a mitzvah of procreation. If so, the prohibition should apply by a Yisroel as well; why does the Mishna only mention a Kohen?

Rav Huna replied: Since the Mishna wanted to mention Rabbi Yehudah’s opinion which is only applicable to a Kohen, the first part of the Mishna specified Kohen even though it applies to a Yisroel as well. (61a – 61b)

Rav Huna explains the rationale of Rabbi Yehudah’s opinion. Cohabitation with a woman who is incapable of bearing children is regarded as a promiscuous cohabitation, and that is why Rabbi Yehudah considers an aylonis to be a zonah. (61b)

The Gemora cites a braisa: Rabbi Eliezer said: A kohen should not marry a minor.

Rav Chisda said to Rabbah: Go out and analyze the reason for this ruling because in the evening, Rav Huna will ask of you regarding it. He went out and analyzed it (and said the following). Rabbi Eliezer is following the opinion of Rabbi Meir and the opinion of Rabbi Yehudah. He holds like Rabbi Meir, who is concerned on account of the minority (and perhaps the minor is an aylonis), and he holds like Rabbi Yehudah who considers an aylonis to be a zonah.

The Gemora challenges Rabbah’s explanation: How can you say that Rabbi Eliezer agrees with Rabbi Meir? Didn’t we learn the following braisa: Rabbi Meir said: A minor boy or girl does not perform chalitzah or yibum. The Rabbis replied to Rabbi Meir: That which you said that a minor should not perform chalitzah is understandable because the Torah uses the term “ish,” man in the portion regarding chalitzah, and we compare the laws of a man to a woman. However, what is your rationale for saying that a minor should not perform a yibum?

Rabbi Meir responded: A minor boy should not perform a yibum because we are concerned that he might be found to be a saris (he cannot father a child due to defects in his body); a minor girl should not perform a yibum because we are concerned that she might be found to be an aylonis. If they would perform yibum, it would be tantamount to cohabiting with an ervah.

We learned in a different braisa the following: Rabbi Eliezer maintains that a minor girl may be taken in yibum, but she should not submit to chalitzah. (It emerges that Rabbi Eliezer does not subscribe to Rabbi Meir’s concerns for a minority.)

The Gemora continues challenging Rabbah’s explanation: How can you say that Rabbi Eliezer agrees with Rabbi Yehudah? Didn’t we learn the following braisa: What is a zonah? Rabbi Eliezer said: An adulteress. Rabbi Akiva said: A woman who cohabits indiscriminately to any man. Rabbi Masya ben Chorosh said: Even if her husband was bringing her to drink the bitter waters (he suspected her of committing adultery), and he cohabited with her on the way (a relatively minor transgression), she is rendered a zonah. Rabbi Yehudah said: A woman who is an aylonis. The Chachamim said: A zonah is a female convert, a freed slavewoman, or one who engaged in an illicit act of cohabitation. Rabbi Elozar said: An unmarried man who cohabits with an unmarried woman without intending for marriage has rendered her a zonah. (It is obvious that Rabbi Eliezer does not follow Rabbi Yehudah’s opinion in regards to zonah.) (61b)

Rav Ada bar Ahavah said (to explain Rabbi Eliezer’s opinion of prohibiting a kohen from marrying a minor): He is discussing a Kohen Gadol. When does he acquire her? Only after she becomes an adult; at that time she is not a virgin any longer.

Rava disagrees vehemently with this explanation: Destroyer of the mind! If her father married her to the Kohen Gadol, she is his wife immediately. If she married herself off, would you think that only Rabbi Eliezer prohibits this marriage and not the Rabbis; everyone would concede that this is forbidden? (61b)

Rava explains Rabbi Eliezer’s opinion: He is discussing an ordinary Kohen, and he was concerned that she will be seduced by another man while she is married to the Kohen.

The Gemora asks: If so, let us prohibit even a Yisroel from marrying a minor girl?

The Gemora answers: Seducing a minor girl is considered violation (as if he forced her), and a woman who has been violated is permitted to a Yisroel. (61b)

Rav Pappa offers another explanation: He follows the opinion mentioned in a braisa that a Kohen Gadol is only permitted to marry a na’arah, not a minor, and not a bogeres. (61b)

Rabbi Elozar’s opinion was mentioned in the braisa above: An unmarried man who cohabits with an unmarried woman without intending for marriage has rendered her a zonah.

Rav Amram said: The halacha does not follow Rabbi Elozar’s opinion. (61b)

[END]